Kastner v. Toombs

OPINION

MATTHEWS, Justice.

Clifford Kastner, the plaintiff below, appeals from the grant of a motion for summary judgment in favor of the defendants, Bill Toombs d/b/a To-Bi-Too Construction Co. and To-Bi-Too Construction Co., Inc. (hereinafter referred to collectively as “To-Bi-Too”).

In August, 1975, Clearwater Drilling Company (“Clearwater”), a company owned by James Lefevre, was drilling a well and setting a water line for the Rendezvous Club in Fairbanks. Kastner had been employed by Clearwater to lay pipe for the water line. As was its custom, Clearwater had leased a backhoe from To-Bi-Too…